i would once again point, however, this stands in stark contrast to the way that mcgill estrada who would perhaps to have been the first nominee if he wouldn't have been filibustered nine times by democrats about they were in our position now and in contrast to the disrespectful and unfair process by which previous nominees have been considered, i think this stands in stark contrast and we are -- we're committed to a fair and dignified process, raising these issues but then doing our job under the constitution. >> i'm still confused, though, why you think she and the panel opined whether the second amendment was fundamental or not when heller, the court specifically said was not whether it applied to the states. and that was what they refused to overturn that other -- >> may i read -- may i read you two sentences? >> sure. >> on page 3, and this is a lexis copy of the case. she said the fourteenth amendment provides to relief for appellate. acts that do not interfere with fundamental right and carry with them a strong presumption of constitutionality. and must be upheld if rationally rela